No. 09VR007 - Deadwood Avenue Tract and Fowler Subdivision

A request by FMG, Inc. for Horst Properties, LLC to consider an application for a Vacation of Right-of-way of the A 20 foot wide section of Rand Road right-of-way adjacent to Lot B of Tract F of Deadwood Avenue Tract and Lot C of Fowler Subdivision all located in NE¼ of NW¼ of Section 34, T2N, Range R7E, BHM, Pennington County, Rapid City, South Dakota, Commencing at a point which is a ½” rebar marking the northeast corner of Lot B of Tract F of Deadwood Avenue Tract located in in NE¼ of NW¼ of Section 34, T2N, Range R7E, BHM, Pennington County, Rapid City, South Dakota which is the point of beginning, Thence N00º15’22”E a distance of 74.44 feet to a point; Thence S80º32’39”E a distance of 20.26 feet to a point; Thence S00º15’21”W a distance of 71.14 feet to a point; Thence S00º05’08”E a distance of 384.52 feet to a point; Thence S89º54’52”W a distance of 20.00 feet to a point; Thence N00º00’00”E a distance of 385.00 feet to the point of beginning, more generally described as being located that portion of Rand Road south of Commerce Road and east of Deadwood Avenue.

PLANNING COMMISSION RECOMMENDATION:
Planning Commission recommended that the Vacation of Right-of-way be approved with the following stipulations:

1.

Prior to City Council approval, the applicant shall submit a signed utility easement retaining this portion of Rand Road as a “Public and Private Utility Easement”; and,

2.

Approval of this Vacation of Right-of-way request by the Planning Commission shall authorize the vacation of the right-of-way pursuant to SDCL 11-6-22. 

VOTE: (8 to 0 with Braun, Brown, Collins, Gregg, Kinniburgh, Landguth, Scull and Zephier voting yes and none voting no)